HARIJANA MULINTI BHUSHANNA Vs. STATE OF A P

JUDGEMENT

(1.) The accused in Sessions Case No. 498/1998 on the file of the learned IV Additional Sessions Judge, Kurnool, filed the appeal, against the judgment of conviction and sentence, dated 22-1-2001.

(2.) The facts leading to the filing of the appeal are stated in brief as follows. Smt. Harijana Subbamma, who was examined in this case as P.W. 1, lodged a report on 21-10-1998 with Taluk Police, Kurnool, alleging that her husband-Danam-and his brother-Benjamin-were residing side by side in Harijanawada of B. Thandrapadu village. Moolinti Bhushanna-A-1-had a house beside the house of P.W.1. A dispute had been going on between her family and A-1 with regard to the opening of a doorway by A-1 near her house. There was a Panchayat in that connection. The elders advised A-1 and his sons not to open the doorway. However, on 21-10-1998, at 9 a.m., A-1 and his sons Lakshmanna-A-2, Nagalakshmaiah-A-3 and Madanna-A-4, attempted to open the doorway. Danam objected to A-1 to A-4 doing so. A-1 to A-4 deferred their attempt. On the same day night P.W. 1 and her husband-Danam were returning to their house. When they reached the thrashing floor of Charles at about 8.00 p.m., accused came running there from opposite direction. A-3 pushed P.W. 1 into a channel. A-1 and A-3 caught hold of Danam and A-2 stabbed her husband with a dagger in his abdomen. A-4 fisted Danam on his chest. Danam fell down. P.W. 1 raised cries on hearing which Benjamin came running to the scene of occurrence. A-1 and A-3 beat Benjamin with hands and A-2 and A-4 stabbed him with daggers and caused injuries. On hearing the "galata" two persons came there and separated Danam and Benjamin from the clutches of the accused. P.W. 1 stated in her report that she witnessed the incident in the illumination of a street tube light fixed to an electric pole at the scene of offence. Smt. Ayyamma, wife of Benjamin, who was examined as P.W. 2, also rushed to the spot and witnessed the incident. P.Ws. 1 and 2 with the help of others took both Danam and Benjamin in an auto and admitted in the Government General Hospital, Kurnool. Danam, husband of P.W. 1, was declared dead on the same day at about 10.00 p.m.

(3.) On the basis of Ex.P-1-FIR, P.W. 11-Head Constable, registered a case against the accused under Sections 302, 324 read with Section 34 of the Indian Penal Code. Inspector of Police, P.W. 14, took up investigation. He conducted inquest over the dead body of Danam in the presence of P.W. 7. He examined P.Ws. 1 and 2 and recorded their statements. The inquest report is Ex.P-2.P.W.10 is the Doctor who conducted post-mortem examination over the dead body on Danam on 22-10-1998 on receipt of a requisition from P.W. 14 to do so. P.W. 14 found that the death of Danam was due to shock and hemorrhage as a result of the injuries received by Danam. He issued Ex.P-6-post-mortem certificate. On receipt of information on 26-10-1998 that Benjamin died, P.W. 14 sent the dead body of Benjamin to P.W. 10. P.W. 10 conducted autopsy over Benjamin and opined that the death of Benjamin was due to shock and hemorrhage because of the multiple injuries received by him. He issued Ex.P-7-post-mortem certificate. The accused were arrested and remanded to judicial custody. Thus, on completion of investigation, P.W. 14 filed a charge sheet before the concerned Magistrate's Court. The case was then committed to the Sessions Court.